Forum Help

If you want to ask about changing your username, have login problems, have password problems or a technical issue please email forumteam@moneysavingexpert.com

Posting help:

If you want to ask why a word can't be typed, your signature's been changed, or a post has been deleted see the Forum Rules. If you don't find the answer you can ask forumteam@moneysavingexpert.com though due to volumes we can't guarantee replies.

Hi there, I know that companies (incorrectly) often take off the postage costs of goods purchased online when you return goods. However, I wondered if anyone knows what the rules are where you purchase multiple items with an offer of "free delivery on orders over £75 and free returns"? I recently purchased clothes from an online retailer who promoted this offer & the original order was >£75. However, I then decided to return some items - this took the cost of the order to <£75. The company then refunded me for the items I purchased, but took off a £3.99 delivery fee as they said the delivery costs now applied. I was not notified in advance of this & had I returned all the items I would have received the full amount back. Is the company allowed to do this? I can't find anything on-line that helps me answer this question.

They don't have to refund the P&P if you change your mind, only the cost of the goods. They are also not responsible for the cost of returning the goods (although a lot of companies do this as a goodwill gesture).

They do have to refund P&P and pay for return postage if the item is faulty/not as described.

They don't have to refund the P&P if you change your mind, only the cost of the goods. They are also not responsible for the cost of returning the goods (although a lot of companies do this as a goodwill gesture).

They do have to refund P&P and pay for return postage if the item is faulty/not as described.

They need to refund outbound postage costs unless a premium service was selected and if a premium service was selected, they still need to refund the cost of standard postage.

For example, a retailer offers £3.99 standard delivery and £6.99 next day deliver. You opt for next day delivery and eventually cancel. The retailer has to refund £3.99 but can keep the additional £3.

As for return costs, a consumer is only liable for those if the trader complied with the obligations under the CCRs, providing all the necessary information. If they haven't done that, then they are liable for the return costs also.

Thanks for the comments. I know that distance selling regulations mean that if I return the full order I would get a refund of the amount paid + the delivery charge. (see "which" website & look up "distance selling regulations") However, what I can't seem to nail down is if a seller can retrospectively apply a delivery charge to an order.

unholyangel seems to suggest they "can't vary an agreement unilaterally without the other party consenting to the variation", but not sure how to approach the retailer, or even if they have genuinely acted incorrectly. Any pointers to evidence/rules that I can reference much appreciated.

p.s I wasn't taking the michael
pps. I've seen loads of online retailers take the michael and not refund postage costs - not just small retailers. Recent examples - Next, Sports direct.

Thanks for the comments. I know that distance selling regulations mean that if I return the full order I would get a refund of the amount paid + the delivery charge. (see "which" website & look up "distance selling regulations") However, what I can't seem to nail down is if a seller can retrospectively apply a delivery charge to an order.

unholyangel seems to suggest they "can't vary an agreement unilaterally without the other party consenting to the variation", but not sure how to approach the retailer, or even if they have genuinely acted incorrectly. Any pointers to evidence/rules that I can reference much appreciated.

p.s I wasn't taking the michael
pps. I've seen loads of online retailers take the michael and not refund postage costs - not just small retailers. Recent examples - Next, Sports direct.

Thanks for the comments. I know that distance selling regulations mean that if I return the full order I would get a refund of the amount paid + the delivery charge. (see "which" website & look up "distance selling regulations") However, what I can't seem to nail down is if a seller can retrospectively apply a delivery charge to an order.

unholyangel seems to suggest they "can't vary an agreement unilaterally without the other party consenting to the variation", but not sure how to approach the retailer, or even if they have genuinely acted incorrectly. Any pointers to evidence/rules that I can reference much appreciated.

p.s I wasn't taking the michael
pps. I've seen loads of online retailers take the michael and not refund postage costs - not just small retailers. Recent examples - Next, Sports direct.

DSRs were replaced by the Consumer Contract (Information, Cancellation & Additional Charges) Regulations 2013 4 years ago. Just mentioning this in case you are looking at the old rules.

When I said about can't vary the agreement....that was mostly based on well founded principles of contract law. Look up contract formation - offer, acceptance, consideration, intent, certainty etc. And then unilateral variations in a consumer contract (you may need to visit unfair term guidance for that part).

However, its also backed by the CCRs.

The trader has to give you certain information - the info they need to give thats relevant here is:

“

(f)the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated,
(g)where applicable, all additional delivery charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;

”

Now the CCRs also say this about that information:

“

(6) Any information that the trader gives the consumer as required by this regulation is to be treated as included as a term of the contract.

(7) A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

”

I'd email the retailer and tell them you want the delivery charge refunded. If they don't answer though.....well how much time do you want to spend over £3.99?

How this site works

We think it's important you understand the strengths and limitations of the site. We're a journalistic website and aim to provide the best MoneySaving guides, tips, tools and techniques, but can't guarantee to be perfect, so do note you use the information at your own risk and we can't accept liability if things go wrong.

This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service.

Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first.

We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the Section 75 guide for protection tips).

We often link to other websites, but we can't be responsible for their content.

Always remember anyone can post on the MSE forums, so it can be very different from our opinion.

MoneySavingExpert.com is part of the MoneySupermarket Group, but is entirely editorially independent. Its stance of putting consumers first is protected and enshrined in the legally-binding MSE Editorial Code.